ORIGINAL ATLANTA DIVISION FILED )NC~FR}('$( U ~ ~.R`
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Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 1 of 296 f IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OE GEORGIA ORIGINAL ATLANTA DIVISION FILED )NC~FR}('$( U ~ ~.r`. q~i,ti DARRON EASTERLING, 1003 Plaintiff, Civil Action dpi e~. ; ;1R S v . 1 :00-CV-171E L WORLD CHAMPIONSHIP WRESTLING, JURY TRIAL DEMANDED INC ., TURNER SPORTS, INC . and TURNER BROADCASTING SYSTEM, INC . Defendants . PLAINTIF'F'S NOTICE OF FILING APPENDIX Plaintiff, DARRON EASTERLING, hereby serves notice that he is filing herewith in the above-styled case an Appendix containing copies oz relevant deposition testimony and exhibit documents in support of his Response To Defendants' Motion For Summary Judgment filed with this Cou This Z4 day of --I'~7~(jWn ~~ 3 . / Yi' Ca'ry chter Georg~ Bar No . 382515 Charle J . Gernazian Georgia Bar No . 291703 Michelle M . Rothenberg-Williams Georgia Bar No . 615680 MEADOWS, ICHTER 6 BOWERS, P .C . Fourteen Piedmont Center, Suite 1100 3535 Piedmont Road Atlanta, GA 30305 Telephone : (909) 261-6020 Telecopy : (404) 261-3656 Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 2 of 296 CERTIFICATE OF SERVICE This is to certify that I have this day served all parties in the foregoing matter with the foregoing Plaintiff's Notice of Filing Appendix by depositing a copy of same in the United States Mail, postage prepaid and properly addressed as follows : Eric Richardson Evan Pontz Troutman Sanders LLP Suite 5200, Bank of America Plaza 600 Peachtree Street, N .E . Atlanta, Georgia 30308-22165 This 2~~ day of Februak~, coos . Georq~a Bar No . 382515 Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 3 of 296 r IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION DARRON EASTERLING, Plaintiff, Civil Action File No . : v . 1 :00-CV-1716 (CC) WORLD CHAMPIONSHIP WRESTLING, JURY TRIAL DEMANDED INC ., TURNER SPORTS, INC . and TURNER BROADCASTING SYSTEM, INC . Defendants . APPENDIX OF EXHIBITS AND DEPOSITION EXCERPTS A . Declaration of Darron Easterling B . Plaintiffs' Exhibit No . 2 C . Plaintiffs' Exhibit No . 48 D . Declaration of J . P . Snakovsky E . Declaration of Moses Williams F. Plaintiffs' Exhibit No . 49 G . Plaintiffs' Exhibit No . S H . Excerpts of Deposition Transcript of William Boulware I . Excerpts of Deposition Transcript of Tony Carr J . Declaration of Pamela Collins K . Declaration of George Grace L . Carr Memorandum of Law In Support of Defendants' Motion for Summary Judgment Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 4 of 296 f M . Ross Memorandum of Law In Support of Defendants' Motion fir Summary Judgment N . Supplemental Report of Dr . David Rasmussen 0 . Harman Order For Service of Report and Recommendation ; USDC, NDGA CAFN 1 :00-CV-3375-WBH P . Plaintiffs' Exhibit No . 75 Q . Plaintiffs' Exhibit No . 76 R . Plaintiffs' Exhibit No . 64 S . Plaintiffs' Exhibit No . 44 T . Plaintiffs' Exhibit No . 10 U . Plaintiffs' Exhibit No . 15 V . Excerpts of Deposition Transcript of Pez Whatley W . Declaration of Harrison iv'orria X . Plaintiffs' Exhibit No . 5 Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 5 of 296 EXHIBIT / ATTACHMENT A (To be scanned in place of tab) Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 6 of 296 AFFIDAVIT OF DARRON EASTERLING STATE OF GEORGIA COUNTY OF FULTON Before the undersigned officer appeared Darron Easterling, who, after being placed under oath, says and deposes as follows : 1 . My name is Darron Easterling . I am African-American . I am over eighteen (18) years of age, and I am otherwise competent to make this affidavit . 2 . In or about 1997, I attended a wrestling try-out at the WCW training facility, known as the Power Plant . At the conclusion of the tryout, I was invited to join the WCW's training program . 3 . I was evaluated three times during training and was told that I did a good job by Jody Hamilton and Mike Wenner . I was encouraged to work and was told that if I was dedicated, I would succeed . No one at WCW ever told me that I was clumsy or that my skills were inadequate to become a professional wrestler . On the contrary, all of the feedback I received was positive and favorable . 4 . During an average week, I spent approximately 15 hours training and another 12 to 13 hours cleaning, taking mats off the rings, putting them back on, cleaning the Power Plant, Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 7 of 296 loading and unloading trucks with wrestling rings and equipment, adjusting equipment, and Uhe 'Like . 5 . While at the Power Plant, only blacks and white "rookies" were required to clean the facility . If white and black wrestlers were training and a truck arrived to be loaded or unloaded, only the black wrestlers would be directed to interrupt their training and load or unload the truck . 6 . While at the Power Plant, I heard black wrestlers referred to as "the `N' word, or monkey or chimp" or similar names . 7 . While at the Power Plant, white and black wrestlers were segregated for training purposes . The white wrestlers received more advanced training, and black wrestlers were not advanced beyond the basics . This separation was based purely on race and not on skill level . If there was any difference in skill level between the two groups, it was due to the fact that the trainers did not teach advanced techniques to the black wrestlers . 8 . During the time I was at WCW, I regarded the work environment as being hostile to blacks . The use of racial slurs, the unequal treatment of blacks in their work opportunities, the fact that black wrestlers were called upon to do work that white wrestlers were not required to do all made Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 8 of 296 ('k fIt blacks feel they were unwelcome and wanted only for the purpose of tamnorary exploitation at WCW . This hostile work environment discouraged me and made me worry that I would never be given a chance to succeed at WCW . I believe that, while I always did my best at WCW, the environment there had a negative effect upon my performance over time . 9 . In March 1999, WCW moved the Power Plant to Log Cabin Drive in Smyrna, Georgia . As I understand it, WCW decided it would reduce the number of trainees at the Power Plant and to place those wrestlers under contract . As for the rest of the wrestlers, they were terminated after they helped to move the Power Plant operations . 10 . It was clear during based upon the trainees that WCW promoted that WCW could make a wrestler out of trainees with average athleticism . 11 . At the time I was terminated, white wrestlers of lesser talents were given contracts . For example, Bret Yokely was given a contract at or about the same time I was let go . There was nothing special about Mr . Yokely's wrestling abilities . In fact, despite the fact that he received more advanced training than I received, I believe I was more technically capable than Mr . Yokely . Similarly, Alan Funk began to receive advanced Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 9 of 296 training within a week or so of arriving at the Power Plant . He . was .,_ .. uy :ii: e=:~ ::g quicqu~c~kl y ut y the~ i."~a~ . .cr ., .b.°C?.USo they, apparently made the decision to give him a push very early on . Chuck Palumbo was also given a contract at or about the time I was terminated . There was nothing special about Mr . Palumbo's wrestling skills, and I was bigger and more athletic than Mr . Palumbo . Darron EasterlingI ~ Executeda-~i-/" on (Date) ~ Sworn and subscri~b~ before me, this Aday otary Public ^J+RY~ L;.P1RE5 Q CgORGIA.Y002 .^i F.'.13.24 Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 10 of 296 EXHIBIT / ATTACHMENT B (To be scanned in place of tab) Case 1:00-cv-01716-CC Document 125 Filed 02/24/03 Page 11 of 296 f Wrestle Maniac~- Wrestleline is your PrAessio . Page 1 of 10 WCW " WWF " ECW " Indies " InYI 7 Miller Time "O~'e-ec~D~ Home Exclusive interview with 'tire sGeldaniacs ScoopThis SF's head writer Vince O Bombshells R USS PLAINTIFFS September 30, 1999 ExHIerT Toys Rankings By Ben Miller oZ Photos WrestIeLine/WrestIeManiacs Audio BEN : The D20D1° you closed the door on , i_ don't- Schedules r,ant to ask for names, have trey ended up Columns showing up on ECW or WCW, or do they end up Almanac saying on the fringe of tie business for the same reason you didn't want them? Forums Chat RUS50 : ~lo, they wind up showing ir~ ECM`! and Store WCW . I thing that's why you have such chaos, in WCW's locker room . When there is wow Ma gy a free agent out there, one of the first things we Email Us look at is that there is such peace and harmony and a family feeling in our locker room, if we Federations bring this guy in, how is it going to affect that? If wcw it's going to aff° :c that in a negative way, we don't bring there in . These guys definitely get WWF picked up in ECV`1 and 4VC\;Y .